FORESTBURGH — Forestburgh Highway Supt. Dan Hogue's guilty plea to a misdemeanor DWI charge has caused the township's insurer to drop him from coverage for the next three years.

In response, on Tuesday the town board forbid Hogue from driving any vehicle, on- or off-road, except his own car while travelling directly to or from the town highway garage, where his office is located.

The prohibition includes the town truck specifically set aside for the superintendent, in which the board said he can only travel as a passenger.

It also includes operating any machinery or heavy equipment, as Forestburgh's insurer, Selective Insurance Company, has deliberately excluded Hogue from coverage under the town's liability policy, effective through 2018.

Hogue was arrested on November 28 in the Town of Thompson after an accident involving himself and his 2008 Jeep Patriot.

District Attorney Jim Farrell said Hogue's Blood Alcohol Content (BAC) was .22, nearly three times above the state limit of .08.

He pled guilty to DWI on January 12 and was immediately ordered to complete an alcohol treatment program, attend a crime victims impact panel, install an ignition interlock device in his personal vehicle for the next year (which requires a Breathalyzer-type test before starting the car), pay a $1,000 fine (plus a state surcharge), and have his driver's license revoked for one year.

“I regret that I made a stupid decision to drive that night,” Hogue acknowledged in an interview with the Democrat yesterday. “... It was probably one of the dumbest things I've ever done in my life, and it will never, ever happen again.”

His attorney, Steve Lungen, concurred that Hogue erred in driving home drunk from his hunting lodge but pointed out that the Forestburgh resident called police himself to report the accident.

“He's just like his father,” Lungen remarked, referring to the late Sullivan County Sheriff Dan Hogue Sr. “He's incredibly honest, and he's incredibly decent.”

But the question facing the town now is, can Hogue do his job?

“Driving is not one of the prerequisites of being one [a highway superintendent],” Hogue insisted. “This will in no way impact how I do my job.”

With six employees maintaining 34 miles of town roads, he operates equipment only “sparsely,” Hogue said, adding that the highway workers' union contract already forbids him from working the machinery except in emergencies.

Even with the potential of having to be chauffered to work sites beyond the town barn, Hogue said he has much to still offer Forestburgh.

“I have 27 years' experience working in the Highway Department,” he explained. “I know what has to be done, and I'm very committed to serving the residents of the town.”

“He will do his job,” seconded Lungen. “He's a straightforward guy. He won't make things dangerous and more onerous for the people of the town.”

Lungen said Hogue has never failed drug tests at work.

“That ought to count for something,” he surmised.

But he also acknowledged that Forestburgh cannot ignore the decision of its insurer.

“That's a decision the Town of Forestburgh has to respect, and Dan and I understand that,” Lungen stated.

While Hogue said he's grateful for the support he's gotten from constituents, the matter has split town residents and deepened the rift between him and Forestburgh Supervisor Bill Sipos, who remains highly concerned over whether Hogue can adequately complete his duties (for which he's paid over $56,000 a year, plus benefits).

“I've never dealt with anything like this,” Sipos admitted.

The town board cannot force Hogue from office before his term ends this December.

“He's elected. We don't have any control over that,” affirmed Sipos.

But he and fellow board members John Galligan, Susan Parks-Landis and Katherine Barnhart agreed that Hogue's capabilities must be restricted in order to comply with the insurer's revised policy. (Board member Michael Creegan was absent from Tuesday's vote.)

“This is handed down not from the town board but from the insurance company,” Sipos noted.

Meanwhile, Hogue has already obtained a conditional license from the state, and Lungen said there's a good possibility he'll have his full driver's license back by the summer.

“If he completes that [alcohol treatment program] successfully, he'll get his license back, in all likelihood, by May or June,” Lungen predicted.

However, the insurance company's exclusion of Hogue is slated to last three years, leaving it unclear what might happen if Hogue's driving privileges are restored before then.

Sipos isn't sure what the town board is going to do about the matter going forward but expects it will be discussed at future meetings. The next is scheduled for this Thursday, February 5 at 7 p.m. at the town hall off Route 42 in Forestburgh.